COZART FAMILY DEEDS
AND LAND GRANTS

Denise Cozart sent these deeds to share.

The buyer, Joshua Cozart (born circa 1776 in North Carolina), was the father of Gilbert, William Davis Cozart, Jane/Jenny, Madison, Malinda, Anthony Haywood, Mahulda, Thornton Elsburg, Nancy Ann, and Joshua M.

This property was on the South Fork of the Forked Deer River in Madison County, now part of Crockett County. In 1830 Joshua's son, Gilbert, bought property near-by. (See deed registered December 9, 1830.) Both tracts were in the 10th District, 2nd Range, 9th Section of Madison County.

282
Trustees of North Carolina
To: Deed
Joshua Cozart
Deed Registered 27 April 1825

This Indenture [deed] entered unto the 1st January 1825 between the Trustees of the University of North Carolina of the one part and Joshua Cozart of the County of Madison and State of Tennessee of the other part witnesseth that the said trustees of the university of North Carolina for and in consideration of the sum of Six hundred and Ninety Six Dollars in hand paid the receipt whereof is hereby acknowledged thereof hath given granted bargained and sold and by these presents doth give grant bargain sell and convey unto the said Joshua Cozart his heirs and assigns forever a certain tract or parcel of land lying and being in the said County of Madison containing one hundred & Seventy four acres 10th District 2nd Range 9th Section and bounded as follows (to wit) Beginning at W. Ewings South boundary line of Entry No. 23st two Gums thence East one hundred and thirty poles to his South East corner thence North 38 7/10 poles to a Black Gum at a point Due west of Alexander & Porters South west Corner thence East Sixty Seven and half poles to a stake thence South one hundred and Seventy five poles & 4/10 to the South boundary line of Entry No. 450 then West 197 1/2 poles to a White oak & Hickory then North to the Beginning it being a part of a trace of 274 acres held by Grant No. 15941 issued on sd [said] Entry No. 450 - together with all and singular the appertainances [appurtenances] thereunto belonging or in any wise appertaining To Have and to Hold the same with all and singular the rights and privileges thereunto belonging to the only proper use and behoof of him the said Joshua Cozart his heirs and assigns forever and the said Trustees of the university of North Carolina doth covenant to and with the said Joshua Cozart that they will forever warrant and defend the right and title in and to the said one hundred & seventy four acres of land agains[t] the claim or claims of every other person or persons whatsoever to the said Joshua Cozart his heirs & assigns forever In witness whereof the said Trustees have hereunto set their hands and seals the day and year given written

The Trustees of the university
of North Carolina by their atto[rney] in fact

Signed Sealed and
Delivered in presence of

State of Tennessee
Madison County Court February Term 1825

Then the within Deed of Bargain and Sale from the Trustees of the university of North Carolina was produced in open Court and the execution thereof acknowledged by Samuel Dickens their attorney in fact to be his act and deed and ordered to be certifyed [sic.] for Registration.

Gilbert was the son of Joshua Cozart. We know from the U.S. Census that Gilbert was born around 1805 in Georgia. He may have moved to West Tennessee in 1825 when his father bought property in Madison County from the University of North Carolina. (See deed registered April 27, 1825.) In 1830 when Gilbert was about 25 years old, he purchased his own property near his father's. It was located on the north side of the South Fork of the Forked Deer River in Madison County. The South Fork of the Forked Deer River is a long river which starts in Dyer County in the north and runs down through the present counties of Crockett, Haywood, Madison and Chester.

Gilbert's tract was in the 10th District, 2nd Range, 9th Section of Madison County. It was bounded by Entry #23 (Ewing) and Entry #450 (University of North Carolina). This was also the location of father Joshua's land. Father and son were near to or may have adjoined each other.

739
Recorded 9th of December 1830
seal THE STATE OF TENNESSEE - No. 1627

To all to whom these presents shall come . . . Greeting:

KNOW YE, That by virtue of part of certificate No 2878 dated 24th of March 1830 paid by the Secretary and commission of West Tennessee to Robert McConnell for 230 3/4 acres, fifty acres of which was entered by Entry No. 2490 dated 10th May 1830 under the occupant ... [claims?] in the name Gilbert Cozart assignee, originally of said McConnell

There is granted by the said State of Tennessee unto

Gilbert Cozart

A certain tract or parcel of Land, containing fifty acres by survey bearing date 12th of May 1830 in the Tenth Survey of district Range two and Section nine in Madison County on the North Side of the South fork of Forked Deer river, and bounded as follows: Beginning at two Black gums, the North west corner of Entry No. 450 for 274 acres in the name of the President & Trustees of the University of North Carolina on the South boundary line of Entry No. 23 for 300 acres in the name of Ewing. Thence West ... twenty six poles to a Stake. the North west corner ... acre Entry, Thence South forty poles to a Stake its South East corner. Thence West forty poles to a hickory its South West corner thence South eleven poles to a Stake the South East corner of John McEver's 48 acre entry. Thence West with his line fifty and one half poles to an elm. Thence South Sixty six poles to a hickory and three hor...ams. Thence East one hundred and ... and one half poles to a Dogwood on the ... boundary line of ... 274 acres ... North with the... Ninety five poles to beginning

With the hereditaments and appertenances [appurtenances].

TO HAVE AND TO HOLD the said tract or parcel of land with its appertenances to the said Gilbert Cozart and his heirs forever. In witness whereof, William Carroll Governor of the State of Tennessee hath hereunto set his hand, and caused the great seal of the state to be affixed, at Madison Co. on the 22nd day of October in the year of our Lord one thousand eight hundred and thirty and of the Independence of the United States the 55th

We do not know when William came in possession of these 200 acres through "occupant claims." On December 18, 1834, he sold the land, household furnishings, animals, etc. This sale was registered on June 22, 1835.

William David Cozart may have married Susana Boals around this time, because their oldest child, Robert William, was born in Tennessee on November 7, 1836.

In March 1838 William bought 100 acres from F. W. Huling along Cypress Creek. James Boals, Susana's brother, bought 200 adjoining acres. During the years of William's marriage to Susana the family appears to have lived as farmers.

In 1844 William sold the 100 acres to his brother Gilbert and may have gone to live on the Boals 200 acres. William died around December 1846. In January 1847 Gilbert Cozart gifted widow Susana and her children with the 100 acres he had bought from William.

204
William Cozart
To: Deed 200 acres
Daniel Cherry
Registered 22nd June 1835

I William Cozart of the State of Tennessee and the County of Madison for and in consideration of the sum of Two hundred & fifty dollars to me in hand paid by Daniel Cherry of the sd [said] state and county of Haywood I do bargain sell alien convey & transfer unto Daniel Cherry & his heirs forever my occupant claims of land of two hundred acres whereon I now live in sd [said] county of Madison and state afforesaid [sic] also one small mare all of my stock of cattle hoggs [sic] house hold and kitchen furniture of every description In writing whereof I do hereunto set my hand and seal this 18th Dec 1834

Test.

State of Tennessee
Haywood County Court

Personally appeared before me Blackman Colman clerk of the circuit court of the County of Haywood Isaac M. Johnson and Norman T. Cherry who being first duly sworn depose and say that they are acquainted with William Cozart the bargainor and that he acknowledged the same in their presence to be his act and deed upon the day it bears date witness my hand at office the 8th day of June 1835

Rcvd State Tax

Originally most of Tennessee was Indian land. Counties were not organized in West Tennessee until the 1820's. The pioneer who secured the initial land grant in Madison County for a particular tract of 640 acres along Cypress Creek was Frederick W. Huling of Marshall County, Mississippi. Marshall County is south of Madison County, just over the Tennessee-Mississippi border. During January-March 1838 he sold the land in smaller parcels.

Three buyers were William D. Cozart (100 acres), George Allen (100 acres) and James Boals (200 acres). They registered their deeds on the same day and witnessed for each other.

Six years later William sold his property to brother Gilbert.

The sale was on September 7, 1844, and the registration was September 12th.

26
F W Huling
To: Deed acres
Wm D Cozart
Reg[istered] 19th March 1838

This Indenture made this 26th day of Jany 1838 between James Huling attorney in fact for Frederick W. Huling of the County of Marshall & State of Mississippi of the one part, and William D. Cozart of Madison County & State of Tennessee of the other part. Witnesseth that the Said James Huling as attorney in fact for the Said F W Huling for the consideration of one hundred and fifty dollars to him the Said Huling in hand paid before the ensealing & delivering these presents the receipt whereof is hereby acknowledged hath bargained Sold & doth hereby bargain Sell alien & convey unto the Said Wm D Cozart a certain tract or parcel of land lying in the aforesaid county of Madison & State of Tennessee it being part of a Six hundred & forty acre Survey Entered & granted to the Said F W Huling in the Said county of Madison & on the waters of Cypress creek. Beginning at B. Brands north west corner at a black walnut three white oak pointers, thence East one hundred Seventy Eight & 3/10 poles to a Stake a post oak & black gum pointers the north east corner to ... one hundred acre tract hence north eighty nine & one half poles to a Stake black oak & post oak pointers, thence west one hundred & Seventy eight 3/10 poles to a Stake a hickory & post oak pointers, thence South eighty nine & one half poles to the Beginning according to a Survey made in April 1836 by Asa B. Midgett

To have and to hold the above described tract or parcel of land unto him the Said Wm D Cozart his heirs & assigns forever to his & their only purposes & behoof and the Said James Huling as attorney in fact for the aforesaid F W Huling doth hereby covenant & agree to and with the aforesaid Wm D Cozart the title of the above tract of land he will forever warrant & defend unto him the Said Wm D Cozart & to his heirs & assigns against the lawful claim of all persons or manner of persons whatsoever In Testimony whereof I the Said James Huling as attorney in fact for the aforesaid F W Huling hath hereunto set my hand & Seal the day and date first above written

In Presence of us

State of Tennessee
Madison County

Personally appeared before me Montgomery B Stewart clerk of the county court of Said county William Boals & George Allen Subscribing witness to the within named Deed who being first Sworn depose and Say that they are acquainted with Jas Huling and that he acknowledged the Same in their presence to be his act and deed as attorney in fact for F W Huling upon the day it bears date

Witness my hand at office the 17th day of March 1838

I certify that I Recd the State Tax on this deed 17 March 1838

There were three buyers registering their deeds in Madison County Deed Book 6, pages 26-28, on the same March day in 1838. They were: William D. Cozart, George Allen and James Boals.

First deed, page 26: F W Huling deeds (100-150) acres to Wm. D. Cozart. Witnesses were William Boals and George Allen.

Then came, page 27: F W Huling deeds 100 acres to George Allen. Witnesses were William Boals and William D. Cozart.

Third, page 28: F W Huling deeds 200 acres to James Boals. Witnesses were William Boals and George Allen.

George Allen later sold his 100 acres to Madison Cozart, 50 acres at a time. The deeds were registered December 28, 1838 and April 16, 1842.

27
F W Huling
To: Deed 100 acres
George Allen
Reg[istered] 19th March 1838

This Indenture made this 26th day of Jany 1838 between James Huling attorney in fact for Frederick W. Huling of the County of Marshall & State of Mississippi of the one part, and George Allen of the county of Madison & State of Tennessee of the other part. Witnesseth that the Said James Huling attorney in fact for the Said F W Huling in hand paid or Secured to be paid before the ensealing & delivering these presents the receipt whereof is hereby acknowledged hath bargained Sold & doth hereby bargain Sell alien & convey unto the Said George Allen a certain tract or parcel of land lying in the aforesaid county of Madison & State of Tennessee being part of a 640 acre Survey Entered & granted to the Said F W Huling in the aforesaid county of Madison on the waters of cypress creek. Beginning at the South east corner of Said 640 acre Survey on a black gum, running thence East one hundred Seventy eight & 8/10 poles to a Stake two white oak & dogwood pointers Thence north 89 1/2 poles to a Stake post oak & black gum pointers, thence west 178 8/10 poles to a black walnut & three white oak pointers, thence South to the Beginning containing one hundred acres according to Survey made Jany 23rd 1837 by Asa B. Midgett To have and to hold the above described tract or parcel of land unto the Said George Allen his heirs & assigns forever to his & their only proper use & behoof and the Said James Huling as attorney in fact for the aforesaid F W Huling doth hereby covenant & agree to and with the aforesaid George Allen the title of the above tract of land he will forever warrant & defend unto him the Said George Allen & his heirs & assigns against the lawful claim or claims of all persons or manner of persons whatsoever In Testimony whereof I the Said James Huling as attorney in fact for the aforesaid F W Huling hath hereunto Set my hand & Seal the day and date above written

In Presence of us

State of Tennessee
Madison County

Personally appeared before me Montgomery B Stewart clerk of the county court of Said county William Boals & William D Cozart Subscribing witnesses to the within named Deed who being first Sworn depose and Say that they are acquainted with Jas Huling and that he acknowledged the Same in their presence to be his act and deed as attorney in fact for F W Huling upon the day it bears date

Witness my hand at office the 17th day of March 1838

I certify that I Recd the State Tax on this deed 17 March 1838

The same day James Boals purchased this land, William D. Cozart bought an adjoining tract. One of the witnesses for the Cozart buy was William Boals.

28
F. W. Huling
To: Deed 200 acres
James Boals
Reg[istered] 19 March 1838

This Indenture made this 26th day of Jany 1838 Between James Huling as attorney in fact for Frederick W. Huling of the county of Marshall & State of Mississippi of the one part, and James Boals of Madison County & State of Tennessee on the other part, witnesseth that the Said James Huling as attorney in fact for the Said F W Huling for the consideration [of] three hundred dollars to him the Said Huling in hand paid or Secured to be paid before the ensealing & delivering these presents the receipt whereof is hereby acknowledged the Said Huling hath bargained Sold & doth hereby bargain Sell alien & convey unto the Said James Boals a certain tract of land lying & being in the aforesaid county of Madison & State of Tennessee being part of a Six hundred & forty acre Survey Granted in the name of Said F W Huling in the aforesaid county of Madison & on the waters of Cypress Creek. Beginning at South east corner of George Allen's one hundred acre tract (formerly Brands) a Stake thence north two hundred twenty three & one half poles to a Stake with a black gum & hickory pointers thence South 223 1/2 poles to the South East corner of Said 640 acre tract then west with the line thereof to the beginning. Containing two hundred acres according to Survey made Jany 3rd 1837 by Asa B Midgett To have and to hold the above described tract or parcel of land unto the Said James Boals his heirs & assigns as forever to his & their only proper use & behoof and the Said James Huling as attorney in fact for the aforesaid F W Huling doth hereby covenant & agree to & with the aforesaid James Boals the title of the above tract of land he will forever warrant & defend unto him the Said James Boals & to his heirs & assigns against the lawful claim or claims of all persons or manner of persons whatever In Testimony whereof I the Said James Huling as attorney in fact for the Said F W Huling hath hereunto set my hand & Seal the day & date above written

acknowledged in presence of us

State of Tennessee
Madison County

Personally appeared before me Montgomery B Stewart clerk of the county court of Said county William Boals and George Allen Subscribing witnesses to the written named Deed who being first Sworn depose and Say that they are acquainted with Jas Huling and that he acknowledged the same in their presence to be his act and deed as attorney in fact for F W Huling upon the day it bears date

Witness my hand at office the 17th day of March 1838

I certify that I Rcd. the State Tax on this deed 17 March 1838

In March 1838 James Boals bought 200 acres of a 640-acre tract of land along Cypress Creek in Madison County. James' brother-in-law William Davis Cozart bought 100-150 acres, and George Allen 100 acres (a brother-in-law of William).

Originally the 640-acre tract was granted to Frederick W. Huling of Mississippi. In December 1838 Madison Cozart bought 50 acres from George Allen. Later on April 12, 1842 Madison bought the other 50 acres from George Allen. That sale was registered April 16, 1842 in Deed Book 8, page 222.

As of April 16, 1842 the Boals and Cozarts owned more than half of the 640-acre tract.

277
George Allen
To: Deed 50 acres
Madison Cozart
Reg[istered] 28th Decr 1838

I George Allen of the county of Madison and State of Tennessee have this day bargained and sold and do hereby transfer and convey to Madison Cozart of the county of Madison and State of Tennessee and his heirs forever for the consideration of three hundred dollars to me paid a certain tract of Land situated lying and being in the county of Madison and State of Tennessee one half of the following described tract of Land off of the East End. Beginning at the South west corner of a 640 acre tract Entered in the name of F W Huling on a black gum running thence East 178 8/10 poles to a Stake two white oak and dogwood pointers, thence north 89 & 1/2 poles to a Stake post oak and black gum pointers, thence west 178 & 8/10 poles to a black walnut and three white oak pointers, thence South to the Beginning containing one hundred acres To have and to hold the Same to the Said Cozart his heirs and assigns forever. I do covenant with the Said Cozart that I am lawfully seized of Said Land have a good right to convey it and that the Same is unencumbered I do further covenant and bind myself my heirs and representatives to warrant and forever defend the title to the Same Land and every part thereof to the Said Cozart his heirs and assigns forever against the lawful claims of all persons whatsoever this 28th day of December 1838

278

State of Tennessee
Madison County

Personally appeared before me Montgomery B Stewart clerk of the county court of Said county, the within named bargainor George Allen with whom I am personally acquainted and who acknowledged that he Executed the within act for the purposes therein contained

Witness my hand at office the 28th day of December 1838

I certify that I Recd. the State Tax on this deed 28 Decr 1838

Originally when William David Cozart bought this tract, the acreage was not stated. See deed registered March 19, 1838. When William sold the tract to his brother Gilbert, the deed was for "100 acres." Deed registered September 12, 1844. When Gilbert Cozart gave it to William's widow and children, the acreage was "100 etc." See deed registered February 10, 1847. When William's children sold it, the deed showed "150 acres." See deed registered April 3, 1866.

One brother sold the land to the other.

380
Wm D. Cozart
149
To: Deed 100 Acres
Gilbert Cozart
Reg 12th Sept, 1844

This Indenture [deed] made this 7th day of September 1844 between William D. Cozart of the County of Madison & State of Tennessee of the one part - and Gilbert Cozart of the County and State aforesaid of the other part - witnesseth that the [said] William D. Cozart for the consideration of the sum of Two hundred and thirty three Dollars in hand paid before the ensealing and delivering these presents that receipt - whereof is hereby acknowledged hath bargained, sold and doth hereby bargain sell alien & convey unto the said Gilbert Cozart a certain tract or parcel of land lying in the County & State aforesaid it being a part of a six hundred & forty acre survey entered & granted to Frederick W. Huling in the said County of Madison and on the waters of Cypress Creek, the said land I the said William D. Cozart purchased of James Huling agent for Frederick W. Huling. Beginning at Madison Cozarts North west corner a black walnut, three white oak pointers, thence east one hundred & seventy eight 8/10 poles to a stake a post oak and Black Gum pointers, Thence North Eighty nine and a half poles to stake black oak & post-oak pointers, Thence west one hundred & seventy eight 8/10 poles to a stake hickory and post oak pointers. Thence south eighty nine & a half poles to the beginning. Containing by estimation one hundred acres of Land. I the said William D. Cozart, warrant & forever defend the right, title claims and interest to the said Gilbert Cozart and his heirs forever. In testamony [sic] I the said William D. Cozart, hereunto set my hand and seal the day and date above written.

In presence of us

State of Tennessee
Madison County

Personally appeared before me Thomas W. Gamewell Clerk of the County Court of said County William D. Cozart the within named bargainor with whom I am personally acquainted and who acknowledged that he Executed the within named deed for the purposes therein contained.

Witness my hand at office this 11th day of September 1844.

I Certify that I Rcvd the state Tax on this deed

State of Tennessee
Madison County

I Willie Langford Register of said County do hereby certify that the foregoing deed of convey was filed in my office for Registration at 11 O clock A.M. and noted in Minute Book No. 1, page 31.

Witness my hand at office this 11th day of September 1844.

The sale of this Cozart property took place on October 28, 1865, six months after the close of the Civil War, but before civil offices functioned normally. This may explain the 5-month delay in registering the sale. Tennessee was readmitted to the Union on July 24, 1866. She was the last State to secede and the first to be readmitted.

The sellers were listed in birth order. They were the three oldest children of William Davis Cozart and Susana Boals - Robert William about age 29, Joshua James about 27, and Gilbert about 25. The other children who may have shared in the $2325 were: Henderson about age 24, Newton about 23, Jasper about 20, and Margaret Lemon/Laman (raised as their sister) about 17.

Their dad bought this tract in January 1838 (registered in March). In September 1844 he sold the 100-150 acres to his brother Gilbert. In January 1847 this land was given back to their widowed mother Susana by Uncle Gilbert Cozart. The boys were to inherit the property and share alike.

By the 1860 U.S. Census, the boys lived in different households. In 1861 the Civil War began; in 1862 the Union Army began occupation of West Tennessee; in 1865 the Civil War came to a close. By this time son Robert William was married to Catherine Frances Powell, and the others may have married or were planning to wed.

It was time to claim their inheritance.

On the deed registered April 1866, we learn that the property was in the 18th civil district of Madison County.

41
R. W. Cozart
J. Cozart and
G. Cozart
To: Deed
Narrell Spraggins
Register April 3, 1866

We R.W. [Robert William] Cozart, J. [Joshua M.] Cozart and G. [Gilbert] Cozart have this day bargained and sold and do hereby transfer alien, convey and confirm to Narrell Spraggins, his heirs and assigns forever for the consideration of Twenty-three hundred twenty-five Dollars to us in hand paid, the Receipt which is hereby acknowledged, a certain parcel of land situated lying and being in the 18th civil district in the county of Madison and State of Tennessee containing one hundred & fifty acres "more or less" and bounded as follows to wit. Beginning at Madison Cozarts North West corner, a Black Walnut & 3 white ash pointers. Thence East 178 1/10 poles to a Stake. Post oak, Black Gum pointers. Thence North 89 1/2 poles to a Stake. Black oak & Post oak pointers. Thence West 178 8/10 poles to a Stake. Hickory and Post oak pointers. Thence West 90 poles to a Stake. Hickory & 3 white oak pointers. Thence South 88 2/10 poles to a Stake. Maple, Ironwood, Hickory & white oak pointers. Thence East 90 poles to the Beginning.

To have and to hold the same together with all the hereditaments and appurtenances thereunto belonging to the said Narrell Spraggins his heirs and assigns forever We do covenant with the said Narrell Spraggins that we are lawfully Seized of said land have a good right to convey it and that the same is unencumbered. We do further covenant and bind ourselves our heirs and representatives to warrant and forever defend the title to said described land and every part thereof to the aforesaid Narrell Spraggins his heirs and assigns against the lawful claims of all persons whatever.

Witness our hands and Seals
This 28th day of October 1865

Executed & delivered in our presence
date given above

attest

State of Tennessee
Madison County

Personally appeared before me P.C. McCowat Clerk of the County Court of such County the Subscribing Witnesses Saml E Watkins and J M Bledsoe who being first Sworn, deposed and said that they are acquainted with the bargainors and that they acknowledged said Instrument in their presence as their act and deed on the day it bears date.

State Tax 1.50
County .75
paid

Witness my hand at Office This 3 day of April 1866.

State of Tennessee
Madison County

I J. R. Chappell Register of Said County do certify that the foregoing Deed with Clerk's certificate and $2.50 in USR Stamps therein was duly filed in my Office this day about 10 o'clock AM & noted in Minute Book 4 on page 186.

Witness my hand at Office this the
3 day April 1866.

Return to Madison County Records On-Line